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HomeMy WebLinkAbout2014-12-03 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING DECEMBER 3, 2014 — 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR PAT PORTER, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on December 3, 2014, in City Hall Council Chambers, Kenai, AK. Mayor Pat Porter called the meeting to order at 7:00 p.m. 1. Pledge of Allegiance Mayor Pat Porter led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Ryan Marquis Robert Molloy Tim Navarre Pat Porter A quorum was present. Also in attendance were: " *Allison Ostrander, Student Representative Rick Koch, City Manager Scott Bloom, City Attorney Sandra Modigh, City Clerk Amber McGlasson, Deputy Clerk 3. Election of Vice Mayor Brian Gabriel Henry Knackstedt Terry Bookey (arrived at 7:44pm) Mayor Pat Porter opened the floor for nominations. MOTION: Council Member Knackstedt nominated Brian Gabriel as Vice Mayor; Member Marquis SECONDED; UNANIMOUS CONSENT was requested. There being no objections, Council Member Brian Gabriel was elected as Vice Mayor. 4. Agenda Approval Mayor Pat Porter noted items provided as a lay down to be included for the record: • Add to item F.1 Special Use Permit between the City and Hilcorp Alaska, LLC, the permit and memorandum from Administration • Add to item F.2 Consent to Sublease between Dan O. Pitts and Hilcorp Alaska, the consent agreement and memorandum from Administration • Move item G.9 to follow the Executive Session MOTION: Council Member Marquis MOVED to approve the agenda with requested additions and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE: There being no objections, SO ORDERED. 5. Consent Agenda MOTION: Councilor Navarre MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. The Mayor opened the floor for public comment; there being no one wishing to be heard, public comment was closed. There being no objections, SO ORDERED. *All items listed with an asterisk ( *) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS — None C. UNSCHEDULED PUBLIC COMMENTS Biking Viking Home School group presented a plan for an indoor bike arena at the old Lowe's building. D. PUBLIC HEARINGS 1. Ordinance No. 2800 -2014 — Accepting and Appropriating a Donation from Hilcorp Energy Company to Assist with the Annual Kenai Senior Center Thanksgiving Dinner. Mayor Porter opened public hearing; there being no one wishing to be heard, the public hearing was closed. City of Kenai Council Meeting Page 2 of 8 December 3, 2014 MOTION: Council Member Molloy MOVED to enact Ordinance No. 2800 -2014 and the motion was SECONDED by Marquis. Council Members Molloy and Gabriel thanked Hilcorp for their donation and involvement with the Annual Kenai Senior Center Thanksgiving Dinner. VOTE: YEA: Gabriel, Knackstedt, Marquis, Molloy, Porter, Navarre NAY: "Student Representative Ostrander: YEA MOTION PASSED UNANIMOUSLY 2. Ordinance No. 2801 -2014 — Accepting and Appropriating a Grant from the State of Alaska Library for Employee Travel and Training. Mayor Porter opened public hearing; there being no one wishing to be heard, the public hearing was closed. MOTION: Council Member Marquis MOVED to enact Ordinance No. 2801 -2014; the motion was SECONDED by Molloy. VOTE: YEA: Bookey, Gabriel, Knackstedt, Marquis, Molloy, Navarre, Porter NAY: "Student Representative Ostrander: YEA MOTION PASSED UNANIMOUSLY. 3. Resolution No. 2014 -69 — Adopting an Alternative Allocation Method for the FY15 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in FMA 14: Cook Inlet. Mayor Porter opened public hearing; there being no one wishing to be heard, the public hearing was closed. MOTION: Council Member Gabriel MOVED to adopt Resolution No. 2014 -69 and requested UNANIMOUS CONSENT; the motion was SECONDED by Marquis. There being no objections, SO ORDERED. City of Kenai Council Meeting Page 3 of 8 December 3, 2014 4. Resolution No. 2014 -70 — Amending Article IV, Rents and Fees of the Lease Form for Airport Reserve Lands between the City of Kenai and Legacy Electric, LLC for Lot 2, Block 1, General Aviation Apron, Located within the Airport Reserve. Mayor Porter opened public hearing; there being no one wishing to be heard, the public hearing was closed MOTION: Council Member Knackstedt MOVED to approve Resolution No. 2014 -70 and requested UNANIMOUS CONSENT; the motion was SECONDED by Molloy. City Manager Rick Koch explained organic soils and service lines found on Lot 2. VOTE: YEA: Knackstedt, Molloy, Porter, Gabriel, Navarre, Marquis NAY: "Student Representative Ostrander: YEA MOTION PASSED UNANIMOUSLY. E. MINUTES 1.`Regular Meeting of November 19, 2014 2.'Work Session Notes of November 20, 2014 Minutes were approved by the consent agenda. F. UNFINISHED BUSINESS 1. Action /Approval — Special Use Permit Between the City Of Kenai and Hilcorp Alaska, LLC for Parking of 37 Non - Commercial Passenger Vehicles in Designated Areas at the Kenai Municipal Airport. [Clerk's Note: At its November 5' meeting, Council postponed this item to the December 3rd.] Mayor Porter opened public hearing; there being no one wishing to be heard, the public hearing was closed MOTION: Council Member Molloy MOVED to approve Special Use Permit between the City of Kenai and Hilcorp Alaska, LLC; the motion was SECONDED by Knackstedt. Council Member Gabriel MOVED to amend Special Use Permit by leaving blank the commencement date; revising the ending date from October 31, 2015 to August 31, 2015; amending the monthly fee from $4000 to $2158.33. The motion was SECONDED by Marquis; UNAMIOUS CONSENT requested. ore City of Kenai Coun December 3, 2014 VOTE ON MAIN AS AMENDED: YEA: Marquis, Molloy, Navarre, Porter, Gabriel, Knackstedt NAY: * *Student Representative Ostrander: YEA 2. Action /Approval — Consent to Sublease between Dan O. Pitts and Hilcorp Alaska for Lot 2A1, FBO Subdivision, South Addition No. 2. [Clerk's Note: At its November 51 meeting, Council postponed this item to the December 3rd ] Member Molloy MOVED to approve the Consent to Sublease between Dan O. Pitts and Hilcorp Alaska; Gabriel SECONDED. Council Member Marquis MOVED to amend the Consent to Sublease by replacing the first sentence of paragraph 3 with, "Sublessee shall use the premises for parking and for uses consistent with the lease between Dan O. Pitts and the City of Kenai. "; requested UNAMIOUS CONSENT, Vice Mayor Gabriel SECONDED. Dan O. Pitts, Kenai resident, spoke in opposition to both sublease and special use permit related to Hilcorp parking. VOTE: YEA: Molloy, Navarre, Porter, Gabriel, Knackstedt, Marquis Nay: * *Student Representative Ostrander: YEA G. NEW BUSINESS 1. *Action /Approval — Bills to be Ratified. Bills were approved by the consent agenda. 2. *Action /Approval — Purchase Orders Exceeding $15,000 Approved by the consent agenda. *Ordinance No. 2802 -2014 — Amending KMC 22.05.110 — Determination as to Need for Public Use, to Provide for Exceptions to the Requirement that Council Consider Acquisition and Disposal of Right -of -Ways and Easements by Ordinance for Plats and Vacations. Introduced by the consent agenda and set for public hearing on December 17, 2014. 4. *Ordinance No. 2803 -2014 — Amending Chapter 4.25 — Uniform Plumbing Code, to Adopt the 2012 Edition of the Uniform Plumbing Code, as Amended by the State of Alaska with Local Administrative Amendments, which Code also Incorporates the Uniform Swimming Pool, Spa and Hot Tub Code and the Uniform Solar Energy Code. Introduced by the consent agenda and set for public hearing on December 17, 2014. City of Kenai Council Meeting Page 5 of 8 December 3, 2014 5. *Ordinance No. 2804 -2014 — Increasing Estimated Revenues and Appropriation in the Personal Use Fishery Fund and Authorizing Budgetary Transfers in that Fund for Remaining FY2015 Projected Expenditures. Introduced by the consent agenda and set for public hearing on December 17, 2014. *Ordinance No. 2805 -2014 — Accepting and Appropriating Supplemental Grant Funding from the Federal Aviation Administration and from the State of Alaska for the Airfield Marking Project. Introduced by the consent agenda and set for public hearing on December 17, 2014. 7. *Ordinance No. 2806 -2014 — Increasing Estimated Revenues and Appropriations by $66,847 in the Airport Fund and in the Airport Improvement Capital Project Fund and Redirecting Previously Appropriated Amounts from Completed Airport Projects or Projects with Excess Airport Matching Funds for the Small Taxiways and Aircraft Tie Down Rehabilitation Project Introduced by the consent agenda and set for public hearing on December 17, 2014. 8. Action /Approval — Council Confirmation to Appoint James Glendening to the Planning and Zoning Commission MOTION: Council Member Marquis MOVED to confirm the appointment of James Glendening to the Planning & Zoning Commission and requested UNANIMOUS CONSENT; the motion was SECONDED by Gabriel. VOTE: There being no objections, SO ORDERED H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging — No report 2. Airport Commission — No Report 3. Harbor Commission — No report 4. Library Commission — No report 5. Parks and Recreation Commission — No report 6. Planning and Zoning Commission — No Report 7. Beautification Committee — No Report 8. Mini -Grant Steering Committee — No report REPORT OF THE MAYOR City of Kenai Council Meeting December 3, 2014 Mayor Porter reported on the following: • Thanked Hilcorp, Senior Center staff and volunteers for their support with the Senior Center Thanksgiving Dinner • Christmas comes to Kenai was a great success • Little league is having problems with there out buildings • Gave City Council gift cards to re -gift to someone of their choice for Christmas. J. ADMINISTRATION REPORTS 1. City Manager reported on the following: • Capital Projects status • Kenai Recreation Center architectural work to be done for remodel • December 15th the New Governor will present the Capital Budget 2. City Attorney- No report 3. City Clerk- No report K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments Council Member Navarre thanked Mayor Porter for the pass on gift and thanked everyone for their part in Christmas coming to Kenai. He reported on his attendance to AML, he was elected to an At Large Seat on the Board of Directors. He also noted Governor Walker requested he participate on the Transition team. Vice Mayor Gabriel thanked Council for electing him Vice Mayor and Mayor Porter for the re -gift gift card; noted was also requested by Governor Walker's transition team to participate on the Fisheries Committee. Councilor Bookey congratulated Gabriel on election of Vice Mayor. Student Representative Ostrander reported on the High Schools contributions to homeless youth in the community by fundraisers and food & clothing drives; a spaghetti dinner and silent auction will be held on Friday Dec 61h at 6pm, cost is $15 per person. Council Member Marquis thanked Biking Viking for their presentation and Mayor for gift card; he also congratulated Gabriel on his election as Vice Mayor. Councilor Molloy congratulated Allie for her cross country running invite and Member Gabriel on his election of Vice Mayor; noted he appreciated the Biking Viking presentation. Council Member Knackstedt thank Mayor Porter for the re -gift. Mayor Porter thanked Ryan Marquis for his time as Vice Mayor. City of Kenai Council Meeting Page 7 of 8 December 3, 2014 L. EXECUTIVE SESSION — Discussion and Negotiation of the City Clerk's Employment Agreement, a Matter of which the Immediate Knowledge would Clearly have an Adverse Effect Upon the Finances of the City and a Subject that Tends to Prejudice the Reputation and Character of the City Clerk [AS 44.62.310(C)(1)(2)] 1. Action /Approval —Approving an Employment Agreement between the City of Kenai and City Clerk Sandra Modigh. Councilor Molly MOVED to enter into executive session to discuss and negotiate the City Clerk's Employment Agreement, a Matter of which the Immediate Knowledge would Clearly have an Adverse Effect Upon the Finances of the City and a Subject that Tends to Prejudice the Reputation and Character of the City Clerk [AS 44.62.310(C)(1)(2)] and requested City Clerk and City Attorney be available. Motion was SECONDED by Bookey; UNIAMMOUS CONSENT was requested. VOTE: There being no objections, SO ORDERED. Upon reconvening in open session, Councilor Molloy MOVED to extend the City Clerk Sandra Modigh's contract to the end of January 2015 and requested UNANIMOUS CONSENT; it was SECONDED by Marquis. VOTE: There being no objections, SO ORDERED M. PENDING ITEMS — None N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:14 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of December 3, 2014, Sandra�9(5 E h, CMC City Clerk "The student representative may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast in the rotation of the official council vote and shall not affect the outcome of the official council vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. City of Kenai Council Meeting Page 8 of 8 December 3, 2014